June 20, 2006, Introduced by Rep. Palmer and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending the heading of part 23 and section 8803 (MCL 324.8803),
as added by 1998 PA 287, and by adding part 86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 23. AGRICULTURE AND THE
ENVIRONMENT RURAL
COMMUNITIES
ROUNDTABLE
PART 86. AGRICULTURE
Sec. 8601. As used in this part:
(a) "Department" means the department of environmental
quality.
(b) "Director" means the director of the department or his or
her designee to whom the director delegates a power or duty by
written instrument.
(c) "Farm" means that term as defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(d) "Farm operation" means that term as defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(e) "Generally accepted agricultural and management practices"
means that term as defined in section 2 of the Michigan right to
farm act, 1981 PA 93, MCL 286.472.
(f) "Livestock production facility" means that term as defined
within the generally accepted agricultural and management practices
for site selection and odor controls at new and expanding animal
livestock facilities.
Sec. 8603. As used in this part, "Michigan agriculture
environmental assurance program" or "MAEAP" means a program, as it
existed on the effective date of the amendatory act that added this
section, that was recommended by the Michigan agriculture pollution
prevention implementation plan signed by the director and the
director of the department of agriculture in 1998, that is designed
to help farms and farm operations voluntarily prevent or minimize
agricultural pollution risks, that focuses on livestock, farming,
and cropping systems, and that consists of the following 3 phases:
(a) An educational program in which producers learn about the
3 MAEAP systems, state and federal environmental rules and
regulations, the impact of agriculture pollution on the
environment, and the Michigan right to farm act, 1981 PA 93, MCL
286.471 to 286.474, with special emphasis on generally accepted
agricultural and management practices. This phase may be completed
by attending educational meetings, workshops, or seminars
established and approved by the Michigan department of agriculture.
(b) An assessment phase consisting of at least 1 of the
following:
(i) For livestock systems, an on-farm environmental risk
assessment and development and implementation of a farm-specific
comprehensive nutrient management plan that includes all of the
following:
(A) An overview of the farm operation, including enterprises,
goals, and long-term plans for resource management.
(B) A farm headquarters map showing the location of farm
buildings, animal housing, manure storage structures, sources of
manure and wastewater, feed storage, farm houses, and any other
relevant physical features.
(C) A review of the production, collection, storage,
treatment, and transfer of manure, including, but not limited to,
the inventory of species, total amount and characteristics of
manure, animal mortalities management, manure and wastewater
collection methods, and the method for transport of manure and
wastewater.
(D) An evaluation of the potential for nitrogen or phosphorus
transport off site, identification of sensitive areas such as
streams and water bodies, identification of conservation and
management practices needed for erosion control and water
management in order to control off-site transport of manure, and
maps showing sensitive areas and conservation practices.
(E) Land application management in which a nutrient budget is
developed, equipment is calibrated, and the application schedule
and rates are determined.
(F) Records of plan implementation, including, but not limited
to, records by field regarding soil tests, dates of manure or
wastewater application, method of application, weather conditions,
types and yields of crops previously grown, analysis of manure or
wastewater quantities, and sale or distribution of manure or
wastewater to others.
(G) Management of animal diets to result in optimum
production, best economical use of feed materials, and minimization
of the amount of nutrients contained in manure.
(H) Review of environmentally sound off-site utilization and
the transportation of manure.
(I) Alternative utilization of manure, on a farm-by-farm
basis, at the discretion of the department to address composting or
other value-added options.
(J) Inspections, operation, and maintenance training for all
existing employees and new hires regarding a farm's comprehensive
nutrient management plan, including scheduling an inspection of
structural and vegetative practices and equipment, as well as
reviewing the operation and maintenance practices, and scheduling
the review of management practices to ensure implementation of the
comprehensive nutrient management plan.
(K) A schedule, developed by the producer and plan writer
working together, to allow for reasonable implementation of the
comprehensive nutrient management plan. The schedule shall show
when changes occurred or will occur and when the farm's annual
review will take place.
(L) An emergency action plan to provide producers with actions
to take in the event of a spill or failure of collection or
transfer components. The emergency action plan shall include a list
of emergency telephone numbers, anticipated flow paths in the event
of a spill, and remediation procedures.
(M) References and appendices to collect information,
environmental documentation, and copies of pertinent references
cited in the comprehensive nutrient management plan.
(ii) For farmstead systems, both of the following:
(A) An assessment of areas that present a risk of
contaminating water resources, including work with trained
specialists as determined by the department of agriculture to
assess how effectively farm structures, management practices, and
site conditions protect water resources.
(B) Development and implementation of a farm-specific action
plan that addresses identified risks and includes the sources of
technical and financial assistance and a targeted date for
completion and MAEAP verification.
(iii) For crop assessment systems, both of the following:
(A) An assessment of potential environmental risks at the
farmstead and how effectively crop management practices protect
groundwater and surface water resources. The assessment shall
include nutrient management practices, soil and water conservation
practices, pest management practices, water use reporting, crop-
specific management practices, pasture management practices,
irrigation management practices, and operations and maintenance.
(B) Development and implementation of a farm-specific action
plan that addresses identified risks and includes sources of
technical and financial assistance and a targeted date for
completion and MAEAP verification.
(c) Third party verification by the department of agriculture.
Sec. 8605. (1) The owner or operator of a livestock production
facility may submit to the department of agriculture a written
request that the livestock production facility be registered for
the purposes of subsection (5). Upon receipt of the request, the
department of agriculture shall notify the department. Within 180
days after receipt of the request by the department of agriculture,
the department of agriculture and the department shall determine
whether the livestock production facility is entitled to
registration pursuant to subsection (2) or (3), as applicable, and
shall notify the owner or operator of the determination. The
department of agriculture shall enter the livestock production
facility on a registry if it is entitled to registration.
(2) An existing or expanding livestock production facility is
entitled to registration under subsection (1) if the livestock
production facility meets both of the following requirements:
(a) Is verified under and continues to be in compliance with
the livestock system of the Michigan agriculture environmental
assurance program.
(b) Has not had a discharge of waste or waste effluent into
the waters of this state in the last 5 years.
(3) A new livestock production facility is entitled to
registration under subsection (1) if all of the following
requirements are met:
(a) Before construction of the livestock production facility,
the owner or operator submits to the department of agriculture a
written notice of intent to submit a request for registration under
subsection (1).
(b) Before populating the livestock production facility, the
owner or operator obtains from the department of agriculture a
determination of conformance with the generally accepted
agricultural and management practices for site selection and odor
controls at new and expanding animal livestock facilities.
(c) Not less than 30 days before populating the livestock
production facility, the owner or operator submits to the
department of agriculture a written request for verification of the
livestock production facility under the livestock system of the
MAEAP.
(4) Requests submitted under subsection (1), the registry
developed under subsection (1), and any records of the department
or the department of agriculture developed under subsection (1),
(2), or (3) are confidential and exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
However, the name of the owner or operator and the location of a
livestock production facility for which a request has been
submitted or that has been entered on the registry shall be made
available to the public.
(5) A livestock production facility registered under
subsection (1) is not required to have a permit under part 31.
(6) If either of the following applies to a livestock
production facility registered under subsection (1), the department
of agriculture shall promptly remove the livestock production
facility from the registry:
(a) The department has determined that the livestock
production facility has had a discharge of waste or waste effluent
into the waters of this state and has notified the department of
agriculture of the determination. The department shall consult with
the department of agriculture before making such a determination.
(b) The farm or farm operation was registered pursuant to
subsection (3) and the farm or farm operation was not verified
under the livestock system of the MAEAP within 1 year of being
populated. The department of agriculture may provide an extension
of the 1-year deadline under this subdivision if the livestock
production facility shows progress toward verification.
(7) Within 30 days after a livestock production facility is
removed from the registry, the owner or operator of the livestock
production facility shall apply for a permit under part 31 if a
permit is required under rules promulgated under that part.
(8) If a livestock production facility is on the registry, has
been verified under the livestock system of the MAEAP, and
negligently or willfully violates the requirements of the livestock
system of the MAEAP, the owner or operator of the livestock
production facility may be ordered to pay an administrative fine of
not less than $5,000.00 for the first violation, $10,000.00 for a
second violation, and $20,000.00 for a third or subsequent
violation.
Sec.
8803. (1) In Subject
to subsection (2), in selecting
projects for a grant award, the department shall consider the
following as they relate to a project:
(a) The expectation for long-term water quality improvement.
(b) The expectation for long-term protection of high quality
waters.
(c) The consistency of the project with remedial action plans
and other regional water quality or watershed management plans
approved by the department.
(d) The placement of the watershed on the list of impaired
waters
pursuant to section 303(d) of title III of the federal
water
pollution control act, chapter 758, 86 Stat. 846, 33 U.S.C.
33 USC 1313.
(e) Commitments for financial and technical assistance from
the partners in the project.
(f) Financial and other resource contributions, including in-
kind services, by project participants in excess of that required
in section 8802(4).
(g) The length of time the applicant has committed to maintain
the physical improvements.
(h) The commitment to provide monitoring to document
improvement in water quality or the reduction of pollutant loads.
(i) Whether the project provides benefits to sources of
drinking water.
(j) Other information the department considers relevant.
(2) In selecting projects for an award of grant money
deposited into the fund for water quality monitoring and water
resources protection and pollution control activities pursuant to
section 19608(1)(e), the department shall give first priority to
water quality monitoring projects in watersheds with a high
concentration of livestock production facilities as determined
jointly by the department and the department of agriculture.